While we represent individuals and families in cases involving all types of vaccine-related injuries and illnesses, the vast majority of our cases involve shoulder injury related to vaccine administration (SIRVA). In fact, well over 90 percent of our recent cases under the National Vaccine Injury Compensation Program (VICP) have involved SIRVA-related claims. With this in mind, we thought we would take a look at why SIRVA-related claims are so common—and how our SIRVA lawyers can help if you (or a loved one) has recently received a SIRVA diagnosis.
How SIRVA Are Different from Other Types of Vaccine-Related Injuries
To understand why SIRVA claims are so common, we can take a closer look at the nature of these vaccine-related injuries.
Most types of vaccine-related injuries involve adverse reactions to individual vaccines or their ingredients. For example, anaphylaxis—or a severe allergic reaction—is most common with vaccines manufactured with egg protein. Similarly, Guillain-Barre Syndrome (GBS) has been linked specifically to the influenza and tetanus vaccines.
However, SIRVA are a concern with all vaccines administered via an injection into the shoulder. This is because these injuries result not from adverse reactions to specific vaccines, but rather from trauma caused by the insertion of the needle during the immunization process. Some examples of issues that can lead to SIRVA include:
- Inserting the needle too high on the shoulder
- Inserting the needle too low on the arm
- Inserting the needle at the wrong angle
- Using a needle that is the wrong size
- Failing to insert the needle to the correct depth
These issues (among others) can cause damage to the soft tissue and nerves beneath the skin, and this damage can potentially result in a variety of types of injuries. Injuries that can be classified as SIRVA include (but are not limited to):
- Adhesive capsulitis
- Brachial neuritis
- Rotator cuff tears
- Shoulder bursitis
- Shoulder tendonitis
All forms of SIRVA can lead to medical bills, lost wages, and pain and suffering—and all of these are losses for which compensation is available under the National Vaccine Injury Compensation Program (VICP). Taking all of these factors into account, it’s not hard to see why we handle more SIRVA claims than any other type of vaccine injury claim under the VICP.
Putting the Volume of SIRVA Claims in Context
With all of that said, it is still important to put the volume of SIRVA claims in context. While the vast majority of cases we handle involve SIRVA, these cases represent an extremely tiny fraction of all vaccines administered in the United States. While SIRVA may be the most common type of vaccine-related injury, it is extremely unlikely that any individual vaccine recipient will experience serious complications as a result of the recipient’s immunization.
But, shoulder injuries related to vaccine administration do happen—and, when they happen, it is important that vaccine recipients and their families exercise their legal rights. In nearly all cases, this involves filing a claim under the National Vaccine Injury Compensation Program (VICP).
Do You Have a Claim for SIRVA Under the VICP?
Do you have a claim for SIRVA under the VICP? If you or a loved one is experiencing symptoms of a vaccine-related shoulder injury, it will be important to seek medical attention promptly. Some types of SIRVA can get worse without prompt treatment, and obtaining a formal diagnosis is also a critical first step toward filing a VICP claim for SIRVA.
Once you have obtained a diagnosis, the next step is to speak with a lawyer about your legal rights. Our SIRVA lawyers are available to determine if you are eligible to file a VICP claim; and, if you are, we can handle your claim at no cost to you.
What Can Our SIRVA Lawyers Do to Help?
Let’s say you have a VICP claim for a shoulder injury related to vaccine administration. What can our SIRVA lawyers do to help? Here are some examples of the services we provide at no cost to our clients:
1. Documenting Your Eligibility to File a SIRVA Claim Under the VICP
While medical records are important, they are just one of several types of documentation you need when filing a SIRVA claim under the VICP. Our SIRVA lawyers can assist with compiling all of the documentation needed to clearly prove your legal rights.
2. Determining the Value of Your SIRVA Claim
When seeking compensation for SIRVA under the VICP, it is up to you to make sure you are seeking the full compensation you deserve. Our SIRVA lawyers can accurately and comprehensively calculate the losses you are entitled to recover—including your medical bills, lost wages, pain and suffering, and other qualifying out-of-pocket expenses.
3. Filing Your SIRVA Claim with the Vaccine Court
Seeking compensation for SIRVA under the VICP involves filing a petition with the Vaccine Court in Washington D.C. Our SIRVA lawyers can prepare your petition for you and file it on your behalf. We have filed hundreds of petitions under the VICP for SIRVA and other vaccine-related medical conditions.
4. Proving Your Right to Compensation Under the VICP
Filing a petition with the Vaccine Court starts the formal legal process. From here, it is up to you to prove that you are entitled to compensation. We can use our experience to prove your legal rights, including representing you at a hearing on entitlement if necessary.
5. Negotiating for a Fair Settlement (and Going to Court if Necessary)
Many successful VICP claims result in out-of-court settlements. However, it is also important to ensure that you are prepared to fight for your rights at the Vaccine Court if a fair settlement isn’t on the table. Our SIRVA lawyers can negotiate for a fair settlement on your behalf, help you decide whether to accept any settlement offers that are on the table, and represent you in the Vaccine Court if this is what it takes to recover the financial compensation you deserve.
Schedule a Free Consultation with One of Our SIRVA Lawyers Today
If you believe that you may be entitled to financial compensation for SIRVA (or don’t know and want to find out), we invite you to get in touch. To schedule a free consultation with one of our experienced SIRVA lawyers, please call 202-775-9200 or get in touch online today.